EMPLOYMENT DISCRIMINATION

Types of Gender/Sex Discrimination in the Workplace

In general, gender discrimination occurs when your employer makes an employment decision based on your gender, as opposed to other reasons such as qualifications. Under the Missouri Human Rights Act, it is unlawful for employers to:

• Fail or refuse to hire, to discharge, or to otherwise to discriminate with respect to compensation, terms, conditions, or privileges of employment, because of an individual’s sex.

• Limit, segregate, or classify employees or applicants in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect employment status because of the individual’s sex.

• Print or circulate an advertisement or publication; use an application for employment, or make any inquiry in connection with prospective employment that expresses any limitation, specification, or discrimination because of sex, unless based upon a bona fide occupational qualification.

• Aid, abet, incite, compel, or coerce unlawful discrimination.

Other types of gender discrimination can include pregnancy or nursing mother discrimination as well as compensation discrimination.

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Age Discrimination as a Federal and State Law

In addition to Missouri’s own laws, the federal government has the Age Discrimination and Employment Act of 1967 (also known as the “ADEA”) to protect employees from age discrimination. For both the Missouri Human Rights Act and ADEA, employees are protected in relation to hiring, firing, promotion and other conditions of employment.

This means that an employer or prospective employer cannot:

• Refuse to hire you based solely on your age

• Refuse to give you that promotion because of your age

• Terminate your job based on your age

• Force certain conditions of employment upon you based on your age

• Limit, segregate, or classify employees based on their age

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Identifying Racial Discrimination

Racial discrimination can be either subtle or apparent; however, in today’s workplace environment, many employers and other individuals are keen at hiding their racially based motivations. In some cases, it might be unclear whether or not you’re being harassed. By looking at the law, it may be possible to identify the discrimination. After identification, it becomes easier to pursue a lawsuit and hold the responsible party(s) accountable for their actions.

In general, it is important to remember that, according to state and federal law, discrimination can occur in all aspects of employment, including but not limited to hiring, termination, promotions, job training, compensation, and any other terms, conditions, or privileges. Some examples of discrimination can include:

• Prejudice and bias, including hostile or negative feelings held toward a person or group. For example, an employer refuses to hire or promote individuals of a specific race.

• Stereotyping, including stereotypes on behavior or looks. For example, making racist comments in the workplace or not allowing an employee to meet with clients because the employee is a certain race.

• Racial profiling, including any action taken for reasons of safety, security or protection that rely on stereotypes about race rather than on reasonable suspicion.

Furthermore, race discrimination also involves disparate treatment (treating an employee differently) and disparate impact (creating policies that affect one group more than another). Additionally, if there is a hostile work environment due to the presence of racial slurs, racist jokes, derogatory comments, and other offensive behaviors, then workplace race discrimination is occurring.

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Overview of MO Religious Discrimination Law

In short, religious discrimination involves the unfavorable treatment of certain employees based on their religious beliefs. And according to the Missouri Human Rights Act (MHRA), it is unlawful for employers to engage in the following conduct:

• Refuse to hire, terminate, or discriminate in the compensation, terms, benefits, conditions, or privileges of employment

• Limit, segregate, or classify employees

• Print or circulate any statement or advertisement for employment expressing any limitation, specification, or discrimination because of religion

Furthermore, an employee cannot be forced to participate or not participate in a religious activity as a condition of employment. And if your employer sees or is notified about religious discrimination or harassment occurring in the workplace, your employer is legally obliged to take steps to prevent religious harassment and discrimination of his/her employees.

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Contact G. Gray Law to get the Support you deserve.

Men and women in Missouri workplaces deserve to receive equal treatment, and there are numerous Missouri and federal laws in place to protect the rights of workers regardless of their age, race, gender, sex, or religion. 

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If you or a loved one was the victim of employment discrimination, it is critical that you contact G. Gray Law  as soon as possible. For a free, no-obligation consultation regarding your case, contact G. Gray Law LLC by calling (816) 888 3145